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Commentary on Deuteronomy 25 verses 5–12
Here is, I. The law settled concerning the marrying of the brother's widow. It appears from the story of Judah's family that this had been an ancient usage (Gen 38:8), for the keeping up of distinct families. The case put is a case that often happens, of a man's dying without issue, it may be in the prime of his time, soon after his marriage, and while his brethren were yet so young as to be unmarried. Now in this case, 1. The widow was not to marry again into any other family, unless all the relations of her husband did refuse her, that the estate she was endowed with might not be alienated. 2. The husband's brother, or next of kin, must marry her, partly out of respect to her, who, having forgotten her own people and her father's house, should have all possible kindness shown her by the family into which she was married; and partly out of respect to the deceased husband, that though he was dead and gone he might not be forgotten, nor lost out of the genealogies of his tribe; for the first-born child, which the brother or next kinsman should have by the widow, should be denominated from him that was dead, and entered in the genealogy as his child, Deu 25:5, Deu 25:6. Under that dispensation we have reason to think men had not so clear and certain a prospect of living themselves on the other side death as we have now, to whom life and immortality are brought to light by the gospel; and therefore they could not but be the more desirous to live in their posterity, which innocent desire was in some measure gratified by this law, an expedient being found out that, though a man had no child by his wife, yet his name should not be put out of Israel, that is, out of the pedigree, or, which is equivalent, remain there under the brand of childlessness. The Sadducees put a case to our Saviour upon this law, with a design to perplex the doctrine of the resurrection by it (Mat 22:24, etc.), perhaps insinuating that there was no need of maintaining the immortality of the soul and a future state, since the law had so well provided for the perpetuating of men's names and families in the world. But, 3. If the brother, or next of kin, declined to do this good office to the memory of him that was gone, what must be done in that case? Why, (1.) He shall not be compelled to do it, Deu 25:7. If he like her not, he is at liberty to refuse her, which, some think, was not permitted in this case before this law of Moses. Affection is all in all to the comfort of the conjugal relation; this is a thing which cannot be forced, and therefore the relation should not be forced without it. (2.) Yet he shall be publicly disgraced for not doing it. The widow, as the person most concerned for the name and honour of the deceased, was to complain to the elders of his refusal; if he persist in it, she must pluck off his shoe, and spit in his face, in open court (or, as the Jewish doctors moderate it, spit before his face), thus to fasten a mark of infamy upon him, which was to remain with his family after him, Deu 25:8-10. Note, Those justly suffer in their own reputation who do not do what they ought to preserve the name and honour of others. He that would not build up his brother's house deserved to have this blemish put upon his own, that it should be called the house of him that had his shoe loosed, in token that he deserved to go barefoot. In the case of Ruth we find this law executed (Rut 4:7), but because, upon the refusal of the next kinsman, there was another ready to perform the duty of a husband's brother, it was that other that plucked off the shoe, and not the widow - Boaz, and not Ruth.
II. A law for the punishing of an immodest woman, Deu 25:11, Deu 25:12. The woman that by the foregoing law was to complain against her husband's brother for not marrying her, and to spit in his face before the elders, needed a good measure of assurance; but, lest the confidence which that law supported should grow to an excess unbecoming the sex, here is a very severe but just law to punish impudence and immodesty. 1. The instance of it is confessedly scandalous to the highest degree. A woman could not do it unless she were perfectly lost to all virtue and honour. 2. The occasion is such as might in part excuse it; it was to help her husband out of the hands of one that was too hard for him. Now if the doing of it in a passion, and with such a good intention, was to be so severely punished, much more when it was done wantonly and in lust. 3. The punishment was that her hand should be cut off; and the magistrates must not pretend to be more merciful than God: Thy eye shall not pity her. Perhaps our Saviour alludes to this law when he commands us to cut off the right hand that offends us, or is an occasion of sin to us. Better put the greatest hardships that can be upon the body than ruin the soul for ever. Modesty is the hedge of chastity, and therefore ought to be very carefully preserved and kept up by both sexes.
The same day came to him the Sadducees, which say that there is no resurrection, and asked him, Saying, Master, Moses said, If a man die, having no children, his brother shall marry his wife, and raise up seed unto his brother. [Deuteronomy 25:5] Now there were with us seven brethren: and the first, when he had married a wife, deceased, and, having no issue, left his wife unto his brother: Likewise the second also, and the third, unto the seventh. And last of all the woman died also. Therefore in the resurrection whose wife shall she be of the seven? for they all had her. Jesus answered and said unto them, Ye do err, not knowing the scriptures, nor the power of God. For in the resurrection they neither marry, nor are given in marriage, but are as the angels of God in heaven. But as touching the resurrection of the dead, have ye not read that which was spoken unto you by God, saying, I am the God of Abraham, and the God of Isaac, and the God of Jacob? God is not the God of the dead, but of the living. And when the multitude heard this, they were astonished at his doctrine.
In the third book, then, when I was solving the question of how it was possible for Joseph to have two fathers, I indeed said that “he was begotten by one and adopted by the other.” But I should have mentioned too the kind of adoption, for what I said sounds as if another living father had adopted him. The law, however, also adopted the children of the deceased by ordering that “a brother marry the wife” of his childless, deceased brother and “raise up seed” by the same woman “for his deceased brother.” In this way the explanation of this matter of the two fathers of one man is indeed made clearer.
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SUMMARY
Deuteronomy 25:5 establishes the ancient Israelite legal and social institution of levirate marriage, a divine mandate stipulating that if a married man dies without producing an heir, his surviving brother is obligated to marry the widow. This statute served the dual, critical purposes of ensuring the continuation of the deceased brother's name and lineage, thereby safeguarding his inheritance within the family, and providing essential social and economic security for the childless widow, preventing her from becoming destitute or marginalized within the community.
CONTEXT
Literary Context: Deuteronomy 25:5 is situated within the expansive legal corpus presented by Moses to the Israelites on the plains of Moab, just before their entry into the Promised Land. This specific verse is part of a broader collection of miscellaneous civil and social laws (Deuteronomy 22-25) that immediately follow the detailed exposition of the Ten Commandments and the covenant stipulations. These laws are not arbitrary but are practical applications of God's righteous standards for daily life, covering diverse areas such as property rights, fair treatment, and family integrity. The law of levirate marriage, known in Hebrew as yibbum, is strategically placed among regulations concerning justice in legal disputes and the treatment of the vulnerable, underscoring the comprehensive nature of God's concern for both order and compassion within the covenant community. Its position highlights the foundational importance of family continuity and social welfare in Israelite society, alongside other ethical directives that define a people set apart by God.
Historical & Cultural Context: In ancient Israel, as in many ancient Near Eastern societies, the preservation of a family's name and lineage was of paramount importance, intricately linked to the inheritance of ancestral land—a key aspect of the covenant promises. The absence of a male heir meant the potential extinction of a family line and the forfeiture of its land, which was seen as a divine gift and a perpetual inheritance (Deuteronomy 1:8). Furthermore, childless widows were exceptionally vulnerable, often lacking independent economic means or social standing outside of a male-headed household. Levirate marriage served as a vital social safety net, ensuring the widow's protection and continued integration within her deceased husband's family, thereby preventing destitution or social ostracization. While similar practices existed in other cultures (e.g., the Nuzi texts), the Mosaic Law adapted yibbum to align with covenantal values of justice, compassion, and the sanctity of family, emphasizing the duty of the surviving brother to "build up his brother's house." The phrase "If brethren dwell together" implies a close familial unit, often sharing a common household or land, reinforcing the immediate familial responsibility and shared destiny.
Key Themes: The law of levirate marriage in Deuteronomy 25:5 contributes significantly to several overarching themes within Deuteronomy and the broader Pentateuch. A primary theme is the preservation of family lineage and name, which was crucial for maintaining tribal and clan identities and ensuring the perpetual inheritance of the land, a central promise of the Abrahamic covenant (Genesis 12:7). This is closely tied to the theme of inheritance and the covenantal promise of land, reinforcing the idea that the land was not merely property but a sacred trust to be passed down through generations. Another critical theme is social justice and the protection of the vulnerable, particularly widows and the fatherless, a recurring divine mandate throughout God's law (Deuteronomy 10:18). The law also emphasizes the importance of duty and obligation within the Israelite community, where individual actions carried profound implications for the collective well-being and the upholding of God's statutes (Deuteronomy 6:1-3). This familial responsibility highlights the communal nature of the covenant and the interconnectedness of its members.
EXPOSITION AND ANALYSIS
Key Word Analysis
Verse Breakdown
Literary Devices
Deuteronomy 25:5 primarily employs Legal Prose, characteristic of the Mosaic Law, presenting a clear, prescriptive statute with specific conditions and commands. The language is direct and unambiguous, designed to leave no room for misinterpretation regarding the required action. The structure of the verse itself exhibits a form of Casuistic Law, beginning with an "if" clause ("If brethren dwell together, and one of them die, and have no child") that sets the precise condition, followed by the "then" clause ("the wife of the dead shall not marry... her husband's brother shall go in unto her..."). This conditional format is common in ancient Near Eastern legal codes and highlights the practical, case-by-case application of justice. Furthermore, there is an element of Repetition in the phrase "husband's brother" appearing twice, emphasizing the specific familial relationship that carries this unique and weighty obligation. The explicit mention of "duty" underscores the Didactic nature of the text, instructing the community on proper conduct and societal norms that uphold God's covenant and ensure the well-being of its members.
THEOLOGICAL AND THEMATIC CONNECTIONS
The law of levirate marriage, while culturally specific to ancient Israel, reflects profound theological principles that resonate beyond its immediate context. It underscores God's deep concern for justice, the preservation of family identity, and the protection of the vulnerable within the covenant community. God's law is not merely a set of arbitrary rules but a divine framework designed to promote human flourishing, social stability, and faithfulness to His covenant promises. The emphasis on maintaining a deceased man's name and lineage points to the significance of continuity and legacy in God's plan, particularly as it relates to the promised seed and the ultimate heir. This divine concern for the family unit and its perpetuation foreshadows the importance of lineage in the broader biblical narrative, culminating in the genealogy of Christ and the establishment of God's eternal family.
REFLECTION AND APPLICATION
Deuteronomy 25:5, with its detailed instruction on levirate marriage, may seem culturally distant from contemporary life, yet it offers timeless principles for reflection and application. It powerfully illustrates God's unwavering commitment to the welfare of the vulnerable, particularly widows, and His profound concern for the continuity of family and legacy. While the specific custom is no longer practiced, the underlying values of responsibility, compassion, and community support remain profoundly relevant for believers today. We are called to embody a spirit of proactive care for those who are marginalized, disadvantaged, or in need, recognizing that genuine faith is demonstrated through practical acts of love, justice, and solidarity. This ancient law challenges us to consider how we, as individuals and as the church, uphold our responsibilities to family, protect the vulnerable among us, and ensure that no one is left destitute or forgotten. It encourages us to look beyond personal preference to fulfill obligations that serve the greater good, honor the legacy of those who have gone before us, and reflect the very heart of God for His people, building up His kingdom by caring for His people.
Questions for Reflection
FAQ
What was the primary purpose of levirate marriage in ancient Israel?
Answer: The primary purpose of levirate marriage, as outlined in Deuteronomy 25:5, was twofold: to preserve the name and lineage of a deceased man who died without male offspring, and to ensure the social and economic welfare of his childless widow. By having the deceased's brother marry the widow, the first son born from this union would be legally considered the heir of the deceased, thereby continuing his name and preventing his inheritance, particularly his ancestral land, from being lost from the family. This also provided crucial protection for the widow in a society where women often lacked independent means of support, ensuring she remained within the family structure rather than facing destitution. This practice is notably illustrated in the story of Ruth and Boaz, where Boaz acts as a kinsman-redeemer, fulfilling a similar protective and lineage-preserving role for Naomi and Ruth.
Was levirate marriage always willingly performed? What happened if a brother refused?
Answer: While Deuteronomy 25:5 presents levirate marriage as a clear duty, the subsequent verses (Deuteronomy 25:7-10) address the scenario where the brother refuses to fulfill this obligation. If the brother-in-law (the yabam) refused to marry his deceased brother's widow, he was to be brought before the elders at the city gate. There, the widow would publicly denounce him by removing his sandal and spitting in his face, declaring, "Thus shall it be done unto that man that will not build up his brother's house." His family would then be known in Israel as "the house of him that hath his shoe loosed," a phrase of public shame and dishonor. This ritual indicates that while the duty was legally binding, refusal was possible, albeit with significant social stigma and public disgrace, highlighting the importance of social pressure and community accountability in upholding the law.
CHRIST-CENTERED FULFILLMENT
While the specific practice of levirate marriage is part of the Old Covenant's legal framework and is not directly commanded for New Testament believers, its underlying principles find profound fulfillment in Jesus Christ. The law's emphasis on preserving a name and lineage, ensuring an inheritance, and protecting the vulnerable points ultimately to Jesus Christ as the true and eternal Kinsman-Redeemer. Just as the yabam was obligated to "raise up" a name for his deceased brother, Christ, through His sacrificial death and glorious resurrection, raises up spiritual offspring for God, restoring a lost inheritance for all who believe. He is the one who "redeems us from all lawlessness" (Titus 2:14) and brings us into His eternal family, ensuring our spiritual lineage and inheritance in the heavenly kingdom (Ephesians 1:11). Moreover, Christ perfectly embodies the compassion and protection for the vulnerable that the law sought to achieve. He is the one who cares for the "widows and orphans in their distress" (James 1:27), offering ultimate security and belonging to those who were once lost and without hope, spiritually dead in their trespasses (Ephesians 2:1-5). His sacrifice ensures that we, who were spiritually dead and without an heir to righteousness, are given a new name and an eternal inheritance through His resurrection, fulfilling the deepest longings for continuity and security that the levirate law dimly foreshadowed.